I. Tanenbaum Son & Co. v. Brooklyn Furniture Co.

Plaintiff's motion under rule 113 of the Rules of Civil Practice for summary judgment was denied. The action is for $17,000 liquidated damages for breach of the written contract annexed to the complaint.

In prior actions the validity of this form of contract has been sustained. (Tanenbaum, Son & Co. v. Rothenberg & Co., 201 App. Div. 272; affd., 236 N. Y. 520; Tanenbaum v. Federal Match Co., 189 id. 75.)

The only issues which defendant maintains require a trial are, whether the defendant executed the agreement; whether there has been due performance by plaintiff; and, finally, the affirmative…